Never-before-seen video played at Daniel Penny’s manslaughter trial Monday shows the former Marine gripping homeless man Jordan Neely’s neck on a subway floor – while bystanders plead with him to “let him go.”
The one-minute clip was captured by Ivette Rosario, then a high school student, who testified that she was terrified by Neely’s rant aboard the F train that preceded Penny taking him down to the ground.
“I was very nervous, and I thought I was going to pass out because I was so nervous,” Rosario, now 19, said in Manhattan Supreme Court.
A new video shown at Daniel Penny’s manslaughter trial shows the former Marine holding Jordan Neely in a chokehold. NYC Courts
Bystanders can be heard in the video urging Penny to “let him go.” NYC Courts
Ivette Rosario, who shot the video, in court on Nov. 4, 2024. Gregory P. Mango
Rosario’s hands can be seen trembling in the footage — which provided jurors with their first glimpse of the deadly May 2023 encounter at the heart of the high-profile case against Penny.
“He’s dying – you gotta let go!” one onlooker can be heard saying on the video, shot from the platform just outside the train car. “Let him go,” another witness says.
“Y’all gotta hold him down?” a third person can be heard saying.
Rosario testified that Jordan Neely’s rant on the subway made her feel like she would pass out due to nerves. Gregory P. Mango
“Call some cops!” Rosario yells out during the video.
After bursting onto the uptown F train at the Second Avenue stop, Neely, 30, shouted that he was homeless, hungry and “didn’t care about going back to jail,” Rosario told jurors.
Follow the New York Post’s live coverage of the Daniel Penny trial
Rosario testified Monday that Neely’s rant that led Penny to take the mentally ill man down inside the uptown F train as it approached the Broadway-Lafayette station was so frightening that she “thought I was going to pass out.”
Penny in court for the second day of his trial. Gregory P. Mango
The then-high schooler said that she’d witnessed outbursts on the train before, but that something about Neely’s “tone” made it seem like this was different.
“I’ve been in situations on the train where stuff was said, but not like this,” she testified.
Rosario said she pressed her head into her friend’s chest and closed her eyes, waiting for the train car’s doors to open at the next stop so that she could flee.
A courtroom sketch of Rosario testifying as Penny looks on. Jane Rosenberg
Then she heard a thump.
She opened her eyes to see Penny lying on the train floor restraining Neely, his arm pressed around the homeless man’s neck.
Rosario testified that she shot the brief video from the subway platform on her cellphone, and then called 911.
Wearing a brown suit, blue shirt and purple tie, Penny, 26, looked blankly straight ahead at a monitor in front of him while the video was played in court.
Body camera footage of NYPD officers arriving at the subway car. NYPD
Penny has pleaded not guilty, with his lawyers arguing that his actions were justified to protect his fellow panicked straphangers from Neely.
He witnessed Neely say the words “I will kill,” and menacing a woman with a stroller who hid with her baby behind a bench, Penny’s defense lawyer claimed during Friday’s opening statements.
Rosario testified Monday that Neely did not appear to approach any specific person or touch anyone, and that he did not seem to be carrying a weapon.
Rosario leaving court after her testimony. Gregory P. Mango
Prosecutors say that Penny’s initial intent was to help keep passengers safe, but that he went “way too far” in continuing to choke Neely for around six minutes, even after nearly all of the bystanders exited the car.
Penny, who is charged with manslaughter and criminally negligent homicide, kept choking Neely for a full minute after he stopped moving on his own, prosecutors say.
He faces up to 15 years in prison if convicted.